Vibin' Terms of Service

1. Overview

Vibin' operates the startvibin platform, including websites, apps, extensions and related services (collectively, the “Vibin' Services”). Through Vibin', users participate in a decentralized internet ecosystem facilitating public web data access and use (the “Vibin' Network”). These Terms govern your access to and use of Vibin' Services and participation in the Vibin' Network, including any token-related programs such as airdrops and staking. By using Vibin' Services, you agree to these Terms and our Privacy Policy.

2. Eligibility & Restrictions

You must not be a Restricted Person, including anyone residing in sanctioned regions or jurisdictions where Vibin' use is illegal or a Minor under applicable laws. Circumventing restrictions via VPNs or other methods is strictly prohibited.

3. Account & Wallet Responsibilities

To use Vibin' Services, you must create an account with accurate information and keep it updated. You’re responsible for securing your login and wallet credentials. Loss or unauthorized use of your account or connected wallet is your responsibility, Vibin' disclaims liability for such events. Once you connect a digital wallet for participation in Vibin' token programs, it cannot be changed.

4. Data Collection & Sale

Vibin' may collect anonymous data during your use of the platform. This data can be sold only in anonymized form to protect your privacy. Vibin' is not responsible for any breach or unauthorized access to this data.

5. Intellectual Property

All startvibin content, software, trademarks and other materials (the “Vibin' Property”) belong solely to Vibin' and its licensors. You have a limited, personal, non-transferable right to use Vibin' Services. Unauthorized use, reproduction or exploitation of Vibin' Property is prohibited.

6. User Conduct

You agree to use Vibin' Services lawfully and responsibly. Prohibited actions include unauthorized sharing, hacking, spamming, introducing malicious code, circumventing security or geographical restrictions, infringing intellectual property rights or interfering with others’ use of the platform. Violation may lead to suspension or termination of your access without refund.

7. Availability & Updates

Vibin' strives for reliable service but cannot guarantee uninterrupted or error-free access. We may suspend or limit service at any time without prior notice and without obligation to refund or compensate. You are responsible for your internet connection and equipment. Vibin' may update or change platform content and features anytime without notice.

8. Changes to Terms

We may update or modify these Terms anytime without prior notice. Continued use of Vibin' Services after changes means you accept the updated Terms. You waive any right to claim damages or legal action based on changes or breaches beyond Vibin’s control.

9. Assumption of Risk; Responsibilities

By using Vibin' Services and participating in the Vibin' Network, you accept full responsibility for your access, use, downloads and any interactions with third-party services or technologies connected to Vibin'. Your participation is entirely voluntary and you acknowledge all risks and liabilities involved, including compliance with applicable laws.

10. Investigations; Enforcement

Vibin' reserves the right to take legal action, including cooperating with law enforcement, against any illegal or unauthorized use of the Vibin' Services or Network. You waive any claims against Vibin' and its affiliates for actions taken during investigations by authorities.

11. Limitation of Liability

11.1 Exclusion of Damages

Vibin' and its affiliates will not be liable for indirect, incidental, punitive or consequential damages, including lost profits or data, arising from your use of Vibin' Services or Network, even if advised of potential damages.

11.2 Limitation of Direct Damages

Vibin's total liability for direct damages related to Vibin' Services or Network is capped at $10.

12. Indemnification

You agree to defend and indemnify Vibin', its affiliates and their representatives against any claims, losses or damages arising from your breach of these Terms, unauthorized use of Vibin' Property, negligence, misconduct or any use of Vibin' Services outside authorized parameters.

13. Suspension; Termination

Vibin' may suspend or terminate your access immediately without notice if you breach these Terms. Upon suspension or termination, you must stop all use of Vibin' Services, Network and Property as instructed.

14. Linked Resources

Vibin' may link to third-party websites and resources for your convenience. We do not control or endorse these third parties and disclaim any liability for your use of their content, goods or services. Use third-party links at your own risk.

15. Changes to These Terms

We may modify these Terms at any time without prior notice. Updated Terms will be posted on the startvibin website. Continued use after changes means you accept the updated Terms.

16. Governing Law; Dispute Resolution

These Terms are governed by the laws of the British Virgin Islands. Any disputes will be resolved through binding arbitration under the British Virgin Islands International Arbitration Centre rules, seated in the British Virgin Islands. However, Vibin' reserves the right to seek injunctive relief in any jurisdiction as necessary.

17. Waiver of Class Actions and Arbitrations

Any Dispute is strictly between you and startvibin. You agree that no Dispute can be brought as a class action, class arbitration or any representative proceeding.

Class Action Waiver: To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit regarding any claim, dispute or controversy against startvibin or any of its affiliates, officers or related parties (the “Covered Parties”). If such a class action is filed, you agree to injunctive relief to stop the lawsuit or to remove you as a participant. You also agree to cover any attorney’s fees and court costs that the Covered Parties incur in seeking this relief.

This class action waiver:

(i) does not stop you from pursuing claims individually through binding arbitration as described above and

(ii) is a separate and independent agreement from the rest of these Terms.

If you prefer, you may opt out of this dispute resolution provision by sending written notice to startvibin within 30 days of your first access to the platform.

Additional Court Proceedings Terms: For any court cases related to these Terms, you agree that disputes will be tried before a judge only (no jury trial) and you waive any right to a jury trial.

Also, the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement or any related transactions.

18. Limitation on Time to Commence Disputes

Where allowed by law, you agree that any Dispute related to (a) these Terms, (b) Vibin’ Services or Network or (c) your use or participation in Vibin’, must be brought within one year from the earlier of: (i) when you first discovered the issue or (ii) when a reasonable person in your situation should have discovered it.

19. Entire Agreement

These Terms, together with the General Terms, Privacy Policy and any Airdrop Program Terms, plus any other written agreements between you and Vibin’, represent the full and complete agreement between you and Vibin’ regarding your use of the platform. They override any previous discussions or agreements.